On October 7, 2024, the US Court of Appeals for the Third Circuit reversed the district court’s denial of summary judgment for Merck. The appeals court held that the Noerr-Pennington doctrine gave Merck immunity from liability on Sherman Act claims brought by a class of physicians’ groups, who claimed Merck unlawfully extended its monopoly by making false drug-label claims.
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Key Findings: Third Circuit Grants Summary Judgment on Antitrust Claims in Mumps Vaccine Litigation
